Запрет Принудительного Труда
In accordance with the Constitution, citizens of the Republic of Belarus are guaranteed the right to choose a profession, occupation and work in accordance with their vocation, abilities, education, training, and taking into account the social needs. Forced labor is prohibited by the Constitution and the Labour Code.
The forced labor does not include:
- military or alternative (non-military) service;
- work executed under conditions of state of emergency, military situation, force majeure;
- work executed under court’s judgement.
The forced labor is work under the threat of any penalty (violent impact), including:
- as measure of political impact or punishment for holding or expressing political views or ideological convictions;
- as a measure of mobilizing and using labor for purposes of economic development;
- for maintaining labour discipline;
- as retribution for workers’ participation in a strike.
In accordance with the Criminal Code, engaging forced labor is punished by imprisonment from 2 to 5 years with a fine. The same offense will be penalized by imprisonment from 3 to 10 years with confiscation of property or without it, if it is committed to minor, several people, obviously pregnant woman or by group of persons by prior conspiracy/ person who has previously committed a crime or with using official status. If the forced labour causes death, serious harm to the victim's health, other heavy consequences or if use of compulsory labour is committed by an organized group, the penalty will increase: imprisonment from 8 to 12 years with confiscation of property.
Forced labour is also part of the the legal term ‘exploitation’. It is used as qualificatory circumstance of the crime, for example of human trafficking in the Criminal Code and in the special Anti Trafficking Law. For these purposes the Anti Trafficking Law establishes restrictions in the field of employment in modeling agencies, tour operators, foreign companies, advertising agencies.
Sources: §41 of the Constitution; §13 of the Labour Code; §181-181.1 of the Criminal Code; §1, 14 and 15 of the Law of the Republic of Belarus «About combating with human trafficking» 07.01.2012 №350-З
Право на смену работы и увольнение
Everyone has the right to freely chosen employment. According to the Constitution and the Labour Code, state guarantees equal opportunities in the choice of profession.
The employee may leave job by his own initiative after serving one month written notice. The collective agreement is allowed to establish a shorter term. The employer may agree to an earlier discharge.
Under the circumstances, excluding or significantly impeding the continuation of the work (health, retirement age, the radioactive contamination or other cases), as well as in cases of violation by the employer of labor legislation, collective agreement, employment contract, the employer is obliged to terminate the employment contract in time, that is specified in a statement of the employee.
Fixed-term employment contract will be terminated prematurely at the request of the employee in the event of illness or disability, other valid reasons preventing the execution of work under an employment contract, as well as in the event of a breach by the employer of labor legislation, collective agreement, and employment contract.
The employment contract may be terminated at any time by agreement of the parties without special notice periods.
Sources: §41 of the Constitution; §37, 40 and 41 of the Labour Code
Нарушение Требований к Условиям Труда
Normal working hours cannot exceed 40 hours per week. Overtime work must not exceed for each employee 10 hours per week and 180 hours per year. The duration of daily work, taking into account overtime should not exceed 12 hours. Thus, in a six-day workweek, the maximum working hours inclusive of overtime work are 50 hours (40 hours + 10 hours overtime).
Sources: §112 and 122 of the Labour Code
Нормативное регулирование запрета принудительного труда
Трудовой кодекс Республики Беларусь 1999 г. (в ред. от 23.07.2015) / Labour Code of the Republic of Belarus 1999 (version 23.07.2015)
Закон Республики Беларусь «Об охране труда» от 23.06.2008 №356-З (в ред. от 12.07.2013) / Law of the Republic of Belarus «About OSH» 23.06.2008 №356-З (version 12.07.2013)
Закон Республики Беларусь «О профессиональных союзах» от 22.04.1992 №1605-XII (в ред. от 13.07.2016) / Law of the Republic of Belarus «About trade unions» 22.04.1992 №1605-XII (version 13.07.2016)
Положение о Национальном совете совет по трудовым и социальным вопросам, утв. Указом Президента Республики Беларусь от 05.05.1999 № 252 / Statute of the National Council of Labour and Social Affairs, established by Decree of the President of the Republic of Belarus 05.05.1999 №252